By: Joseph M. Leone Construction Management at Risk (“CM at Risk”) is becoming more and more popular as a delivery system, especially on public projects. Many states, including Indiana, have recently enacted statutes which allow public bodies to deliver construction projects using CM at… Read More >
DSV Blog
CM at Risk Could Have Design Liability
2015 Year in Review
Prepared by the DSV Litigation Section, please download the PDF for a copy of the 2015 Year in Review: 10 Indiana Cases of Note. 2015 Year in Review – 10 Indiana Cases of Note – Drewry Simmons Vornehm, LLP
Jennifer Strange named IndyBar Young Lawyer of the Year
Jennifer L. Strange of Drewry Simmons Vornehm, LLP was named IndyBar Young Lawyer of the Year on November 18th at the IndyBar Recognition Awards which honored Indy’s leading legal professionals. Jennifer is an associate at DSV and a member of the firm’s Health Care… Read More >
(Re)Defining “Waters of the United States” Under the Clean Water Act – Part II: The States Strike Back
By: Erik S. Mroz If my job as a lawyer does not work out, I may be able to make a living telling the future. Back in February, I advised our readers to keep an eye on a proposed rule defining “Waters of the… Read More >
Indiana Supreme Court Interprets AIA’s Waiver of Subrogation Clause
By: William E. Kelley, Jr., LEED AP BD+C A waiver of subrogation clause is a typical (but often overlooked) contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms. In general,… Read More >
Appellate Court Reviews Indiana’s Rules Governing Spoliation of Evidence
By: David L. Simmons The Indiana Court of Appeals considered the principles governing the spoliation of evidence in the recent case of Wesco Distribution, Inc. v. ArcelorMittal Indiana Harbor, LLC, —N.E. 3rd—, 2014 WL 5819375 (Ind. App.), which was issued on November 10, 2014…. Read More >
Waiver of Subrogation Applies to All Damages, Regardless of Whether Owner Secures Required Insurance
By: William E. Kelley, Jr., LEED AP BD+C The Indiana Court of Appeals, in a split decision, recently held that a waiver of subrogation clause in a construction contract serves to waive all claims for damage, where those damages are covered—or should be covered—by… Read More >